Molestina v Ponton [QBD (Comm)]
| Jurisdiction | England & Wales |
| Judge | Colman J. |
| Judgment Date | 16 May 2001 |
| Neutral Citation | [2002] EWHC 2413 (Comm),[2002] EWHC 366 (Comm) |
| Court | Queen's Bench Division (Commercial Court) |
| Date | 16 May 2001 |
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51 cases
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UBS AG (London Branch) and Another v Kommunale Wasserwerke Leipzig GMBH UBS Ltd and Another (Third Parties)
...were a single transaction for the purpose of the issue of rescission. But this is not a pure question of law. As Coleman J observed in the De Molestina case it involves a mixed question of fact and law to which matrix evidence may be of particular relevance. 316 In the light in particular o......
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NABB Brothers Ltd v Lloyds Bank International (Guernsey) Ltd
... ... " for the purposes of summary judgment under CPR Part 24 : De Molestina v Ponton [2002] 1 Lloyd's Rep 271 ; Swiss Reinsurance v United India 002] EWHC 741 (Comm), [2004] ILPr 4 ... 54 On the second ... ...
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IBM United Kingdom Holdings Ltd and Another v Stuart Dalgleish and Others
...in Castle Phillips Finance v Piddington (1995) 70 P&CR 592. Mr Evans has also referred me to the decision of Colman J in Molestina v Ponton [2001] CLC 1412 where the cases are reviewed. It is worth setting out his conclusion that it is clear as a matter of English law: "that the princip......
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Paul Gregory Allen (acting as Trustee of Adrian Jacobs (Deceased)) v (1) Bloomsbury Publishing Plc, (2) Joanne Kathleen Murray (professionally known as JK Rowling)
...fit for trial at all.” 21. Another frequently cited passage on the same theme is the judgment of Colman J in De Molestina v Ponton [2002] 1 Lloyd's Rep 271, 280 para 3.5, speaking of the difficulty of basing summary judgment on inferences of fact in a complex case: “…, as Three Rivers Distr......
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